- 1 - HC-KAR NC: 2025:KHC:31424 MFA No. 8137 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 8137 OF 2022 (MV-I) BETWEEN: MR. KRISHNA NADIG T N, S/O NANJUNDAIAH. T.N, AGED ABOUT 50 YEARS, R/AT NO. 263, 12TH A MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …APPELLANT (BY SRI. CHANDRASHEKHAR R., ADVOCATE) AND: 1. M/S COSMOS INDUSTRIAL SYSTEMS PVT LTD 1254, 23RD CROSS 23RD MAIN, BANASHANKARI 2ND STAGE BENGAURU 560 070 (RERPESENTED BY ITS MANAGER RC OWNER OF CAR NO. KA05/MT/8865) 2. THE MANAGER LIBERTY VIDEOCON GENERAL INS. CO . LTD., OFFICE NO.1, ALYSSA 1ST FLOOR, REAR PORTION OLD NO.28, NEW NO.23, RICHMOND ROAD, BENGALURU 560 025 RERPESENTED BY ITS MANAGER(INSURER OF CAR NO. KA05/MT/8865) POLICY NO. 2011-500201-16-1003566-00-000 VALIDITY PERIOD 12/08/2016 TO 11/08/2017 …RESPONDENTS (BY SRI.RAVI S SAMPRATHI., ADVOCATE FOR R-2; VIDE ORDER DATED 16.06.2025 NOTICE TO R-1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2021 PASSED IN MVC NO.6295/2017 ON THE FILE OF THE CHIEF JUDGE, COURT OF Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31424 MFA No. 8137 of 2022 SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C.No.6295/2017 dated 10.11.2021 by the Chief Judge, Court of Small Causes Member Principal Motor Accident Claims Tribunal, Bengaluru. The appellant/claimant is before this Court. Claim petition is filed seeking compensation of an amount of Rs.5,00,000/- in that he had sought for Rs.45,499/- towards vehicle repair charges. 2. On 03.11.2016, at about 07.00 pm., when the petitioners Aishwarya, Sanjana, Mallesh were standing in front of Goli Vada Pav Shop on 22nd Main, 22nd Cross, BSK 2nd Stage, Bengaluru, at that time, a Ford car No.KA.05/MT.8865 came in high speed, rash or negligent manner and dashed against the two wheeler No.KA.02/EY.6320 at the first instance, and after dash to the two wheeler, car proceeded further and dashed to Aishwarya, Sanjana and gone inside Goli Vada Pav Shop and dashed to Mallesh and caused damage to the shop. In the said - 3 - HC-KAR NC: 2025:KHC:31424 MFA No. 8137 of 2022 accident, Sanjana, Smrithi Anand, rider of the two wheeler Krishna Nadig, Mallesh have sustained severe injuries and Goli Vada Pav shop has been damaged. 3. It is the case of the claimant that, he had sustained injuries in support of that he has relied on Exs.P.34 to P.36. Ex.P.34 is the wound certificate, as per that he had sustained cut lacerated wound and abrasion and both the injuries are described as grievous in nature and except that no other documents are produced. Ex.P.36 is medical bills which shows that he had spent an amount of Rs.4091/-, the Court had granted global compensation of Rs.25,000/- when it comes to the vehicle damages, as per the IMV report, there are 7 damages to the vehicle. The claimant himself has declared the IDV value of the two wheeler as Rs.15,000/- and accordingly Court has granted Rs.15,000/-. 4. Learned counsel appearing for the appellant/claimant submits that the Court had failed to consider the value that the amount spent by the claimant for getting repair the damages to the vehicle and it is also submitted that when the claimant had sustained grievous injuries, the Court - 4 - HC-KAR NC: 2025:KHC:31424 MFA No. 8137 of 2022 had granted Rs.25,000/- which is on the lower side and granting compensation of Rs.40,000/- is not a just and reasonable compensation. 5. Learned Counsel appearing for the respondent/insurance company submits that the Court had rightly considered and granted and in fact the compensation that is granted is on the higher side. 6. Having heard the counsels on either side, perused the material on record. Though the claimant had stated that he had sustained grievous injuries, except filing the wound certificate, he has not examined any one and the Tribunal considering the injuries and the amount spent for the medicines had granted Rs.25,000/-. The value of the vehicle according to the claimant himself is Rs.15,000/-. He has stated that he had spent Rs.45,499/-. The Tribunal had granted an amount of Rs.15,000/-. Considering the injuries sustained and the damages to the vehicle, this Court is inclined to grant an amount of Rs.50,000/- globally. 7. Accordingly, MFA.No.8137/2022 filed by the claimant is partly allowed by enhancing the compensation - 5 - HC-KAR NC: 2025:KHC:31424 MFA No. 8137 of 2022 from an amount of Rs.40,000/- to Rs.50,000/- globally and the insurance company is liable to pay the compensation. i. The Insurance Company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount. ii. Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iii. The apportionment of the amount shall be as per the order passed by the Tribunal. iv. The amount in deposit shall be forthwith transferred to the Tribunal. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KVR/List No.: 1 Sl No.: 0